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Home My WebLink About09-7642Phelan, Hallinan & Schmieg, LLP Lawrence 7. Phelan, Esq., Id. No. 32227 Francis S. I allinan, Esq., Id. No. 62695 Daniel G. S hmieg, Esq., Id. No. 62205 Michelle M Bradford, Esq., Id. No. 69849 Judith T. R mano, Esq. Id. No. 58745 Sheetal R hah-Jani, Esq., Id. No. 81760 ..,,d'enine R. Davey, Esq., Id. No. 87077 Lauren R 'abas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jone , Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. pivack, Esq., Id. No. 84439 Jaime McG inness, Esq., Id. No. 90134 Chrisovala, to P. Fliakos, Esq., Id. No. 94620 Joshua I. G Idman, Esq., Id. No. 205047 Courtenny Dunn, Esq., Id. No.206779 Andrew C. ramblett, Esq., I.D. 208375 One Penn Center A Suburban Station Suite 1400 Philadelphi , PA 19103 (215)563-7 0-7000 Wells Fargo Bank, N.A. 3476 Statev w Blvd. Fort Mill, S t29715 Attorney for Plaintiff Court of Common Pleas Civil Division Daniel P. W liner Or Occupan 427 Park Hi Is Drive Mechanicsb rQ, PA 17055-4963 Cumberland County No. 04-,7&4A ?1 V t tTr-rrK CIVIL ACTION - EJECTMENT **This firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. If you have reviously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of alien against property" NOTICE You ha) within (20) writing will case may pi in the comf to you. You sl the office able to pi fee. been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action lays after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the need without you and a judgment may be entered against you by the court without further notice for any money claimed aint or for and other claim or relief requested by the plaintiff. You may lose money or property or other rights important d take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone forth below to find out where you can get legal help. If you cannot afford to hire a lawyer, this office may be de you with information about agencies that may offer legal services to eligible persons at a reduced fee or no CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (888)-990-9108 PHS #: 22 .A 1. Plaintiff is Wells Fargo Bank, N.A.. 2. Defendant is Daniel P. Wellner Or Occupants. 3. Plaintiff is the record owner of premises located at 427 Park Hills Drive,Mechanicsburg, PA 17055- 4963, is legal description of which is attached. 4. Plain 'ff became the owner of said premises as a result of the foreclosure and judicial sale by the Sheri f of Cumberland County, on October 7, 2009, as evidenced by the Sheriff s deed recorded Octo er 30, 2009 in the Office of the Recorder of Cumberland County in instrument # 200936931. by virtue of the above, is the record owner of said premises, and is entitled to possession The defendant is occupying the said premises without right and so far as the plaintiff is 1, without claim of title. 6. Plaint ff has demanded possession of the said premises from the said defendant who has refused to deliv up possession of same. plaintiff seeks to recover possession of said pregi ses. By: Pheo, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq. Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff w ALL 'HAT CERTAIN lot or piece of land in the Township of Upper Allen, Cumb rland County, Pennsylvania, being more particularly bounded and desc ibed as follows: BEGI ING at the point on the Northern edge of Park Hills Drive in said plan where the line dividing Lot #2, herein described, and Lot #3 in said plan intersects the Northern edge of said Drive; thence from said poin of beginning and by the Easterly edge of Lot #3, aforesaid, North 08 degrees 18 minutes 30 seconds West a distance of 125.92 feet to a line of lands now or late of Ralph D. Eckert, et ux; thence by line of land of Eckert, North 81 degrees 30 minutes 00 seconds East a distance of 95.00 feet to a point; thence by the line of dividing Lots Nos. 1 and in said plan South 08 degrees 18 minutes 30 seconds East a dist nce of 126.24 feet to a point on the Northerly edge of Park Hills Driv ; thence by the Northern edge of said Drive South 81 degrees 41 minutes 30 seconds West a Distance of 96.00 feet to the place of BEIN Lot No. 2, Block 'A', in Plan No. One, Park Hills West Plan of Lots recorded in the Cumberland County Recorder's Office in Plan Book 20, age 56. HAVItG THERON ERECTED a brick and aluminum bi-level dwelling known and numb red 427 Park Hills Drive (formerly known as 17 Park Hills Drive). to restrictions and conditions as contained in prior Deed. BEING the same premises which Donald V. Jellig and Doris O. Jellig, husband and wife, by Deed dated September 20, 1972 which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland Coun y in Deed Book 24V, Page 119, granted and conveyed to Billy W. Hawkins and Patricia L. Hawkins, husband and wife, Grantors herein. VERIFICATION I he verification. knowledge, underlying i state that I am the attorney for the Plaintiff in this eviction action and is authorized to make this statements made in the foregoing Civil Action - Ejectment are correct to the best of my rnation, and belief. I was the attorney for the Plaintiff or Plaintiffs predecessor in interest in the action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchase the property on behalf of the Plaintiff by bidding on the property at the sheriffs sale. I am making this verificati n rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property t sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. (I o Date Attbkhev for Plaintiff ?767-7 0 2099 NIN -5 PVl 12: 48 lui GvIY I L..It;`,ivtL ?? *'78.50 Pb ATT-( ft-4 Sqa iLIo p,T* a3304s SHERIFF'S OFFICE OF CUMBERLAND CO~~J~TY , r R Thomas Kline ".- ? wr ~~~ Sheriff ~$~ ,~,,, of 4u[r,tr~~,fr~~ ,~~~ ,,^tt t 7 r ~ s -• ~ ,- Ronny RAnderson t~~~ i~~_' e ~ ~ nl ~ ~ ;; Chief Deputy P ~ I~ - ~' - , ~: Jody S Smith ~ - - Civil Process Sergeant ~r~ ~ `' ` -~ F , „~~t~~ Edward L Schorpp Solicitor Wells Fargo Bank, NA I vs. Case Number Daniel P. Wellner 2009-7642 SHERIFF'S RETURN OF SERVICE 11/09/2009 06:50 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 9, 2009 at 1850 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Daniel P. Wellner, by making known unto himself personally, at 427 Park Hills Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 November 10, 2009 SO ANSWER , ~~ • _! , R THOMAS KUNE, SHERIFF ~~ B'Y uty Sheriff j9 Crunfyjui[e She-'off. Teiac=oit. I; .c. William L. Adler, Esquire ADLER &ADLER 125 Locust St. Harrisburg, PA 17101 Phone: 717-234-3289 Fax: 717-234-1670 Email: wmadlern,adlerandadler.net Supreme Court ID: 39844 Wells Fargo Bank, N.A. Plaintiff v. Daniel P. Wellner, Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-7642 Civil Term ANSWER AND NOW COMES the defendant, Daniel Wellner, through his attorneys, Adler & Adler, and respectfully represents the following: 1. Admitted. 2. Admitted. 3. Denied. Proof thereof is demanded at trial. 4. Denied. Proof thereof is demanded at trial. 5. Denied. This is a conclusion of law to which no responsive pleading is required. t 6. Admitted. WHEREFORE, Defendant respectfully requests that plaintiff s complaint be dismissed. William L. Adler, Esqu Attorney for Defendant ADLER &ADLER P.O. Box 11933 125 Locust St. Harrisburg, PA 17108 717-234-3289 Supreme Court ID Number 39844 Wmadler@adlerandadler.net November 25, 2009 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PLEADING ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. Section 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: Z 0 .~r~~~~ G~uu~,~ie~ac,U CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Defendant, hereby certify on November 25, 2009, I served a copy of the within answer upon the following person by first class mail, postage prepaid, addressed as follows: Lawrence T. Phelan PHELAN, HALLINAN & SCHMIEG, LLP CInP Penn C~P.ntP.r Playa Suite 1400 Philadelphia, PA 1910 Gl:iv~ _. A'4l is